LAWS(NCD)-2015-11-107

JAGDISH BANSAL Vs. NEW INDIA ASSURANCE CO LTD

Decided On November 16, 2015
JAGDISH BANSAL Appellant
V/S
NEW INDIA ASSURANCE CO LTD Respondents

JUDGEMENT

(1.) Learned counsel for the parties present. Arguments heard.

(2.) Shri Jagdish Bansal, the complainant, had a truck, bearing registration No. HP-24 - 2827 insured with M/s New India Assurance Company Limited. On 4.8.2003, 200 bags of cement were sent from Barmana to Khanna. The said truck did not return till 12.8.2003. The District Forum dismissed the first complaint of the complainant but the State Commission directed the insurance company to consider the claim again if the documents in question were produced.

(3.) Thereafter, second complaint was filed on 22.4.2010 because the insurance company had repudiated the claim on three grounds. Firstly, truck No. HP- 24 - 2827 had engine number 692D015177176 and chassis No. 344073645958. However, it transpired that the complainant made claim about different engine number being 692D01609680 and chassis number 344073588556. During the arguments heard today, it transpired that the second truck belongs to real brother of the complainant. Second ground of repudiation was that the Police Station Barmana had no jurisdiction since the destination of the vehicle was Khanna. Thirdly, the Route permit was not upto the date of accident. However, the State Commission gave a short shrift to these contentions and rejected these two grounds for which no argument was raised before us.